Discussion
'Z' while walking along a deserted road at night during winter saw a just born baby abandoned on a side. For a moment be realized that he could save the baby without appreciable trouble, expense or loss of his time and also felt that if the baby is left over unprotected, it might die. But he did nothing and went away. 'P' another person also passed through that road and saw the baby and acted just like 'Z' and went away. Next morning the infant baby died of exposure. Decide who is responsible ?
Answer: D
Neither Z nor P is legally responsible, so (D) is correct. Z and P were strangers to the child, and the Indian Penal Code does not make a person criminally liable merely because he fails to help someone he sees in danger. A legal duty to act arises from a relation, such as that of a parent or guardian under Section 317, or from a contract or statute, and none exists here. Their omission is a moral failing and not an offence. Options (A), (B) and (C) assume that a bystander has a legal duty to rescue, and they punish for negligence or for a lack of compassion, which are not offences in the circumstances.
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